Alternative Dispute Resolution And Tribunals

Question 1

Name 4 methods of ADR

Answer 1

Mediation
Negotiation
Conciliation
Arbitration

Question 2

What are the pros of negotiation

Answer 2

Efficient
Speedy 
Prevent emotions
Preserves good working relationships 
Confidential
Offers a range of solutions 
Informal
Both parties have control

Question 3

Name cons of negotiation

Answer 3

Waste time when resolutions aren’t met
One party may be disadvantaged
One party may be over dominant

Question 4

Mediation pros

Answer 4

Faster and cheaper and informal

Mediators are impartial

Both parties receive clear and
frank view of the case

Provides a non confrontational atmosphere

Agreements can be legally binding

Question 5

Mediation cons

Answer 5

Lack of legal framework makes it difficult for the mediator to establish if one party is being exploited

Weaker parties may be forced into settlement

Question 6

Name difference between conciliation and mediation

Answer 6

Conciliator can propose compromises and agreements

Includes one more advantage than mediation- a conciliator can propose an agreement neither party thought of

Question 7

What is arbitration

Answer 7

Where parties submit evidence of disputes to an arbitrator and they make the final decisions

Question 8

Which act are arbitrators governed under

Answer 8

Arbitration act 1996

Question 9

If you want to appeal a decision of an arbitrator which could would you appeal in

Answer 9

High court

Question 10

What disputes is arbitration used for

Answer 10

Technical and scientific disputes

Consumer matters (holidays)

Commercial disputes

Question 11

What are the pros of arbitration

Answer 11

Quicker and cheaper than court

More informal than court

Less adversarial then court

Proceedings are held in private

Arbitrator is an expert in the field of dispute

Question 12

Arbitration cons

Answer 12

Limited rights to appeal

Independence experts have been questions previous (believed not to be true)